Affirmative Action: Supreme Court Upholds Michigan Law

Affirmative Action will no longer be a factor for college admissions in Michigan. The US Supreme Court ruled in a six to two decision that voters in the state have the right to alter the Michigan Constitution to prohibit public universities and colleges from factoring race in acceptance decisions.

The US Supreme Court noted in the Michigan Affirmative Action ruling that a lower federal court was in error when ruling the college admissions policy was discriminatory. Justice Anthony Kennedy stated that voters in Michigan opted to remove racial preferences in the college admissions process because they considered such a policy unwise. Justice Kennedy went on to note that nowhere in the Constitution or in previous court cases, have judges been given the power to undermine election results.

Supreme Court Justice Ruth Bader Ginsburg and Justice Sonia Sotomayor dissented from the Michigan Affirmative Action decision. Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. joined Justice Kennedy in the majority opinion.

Justice Kennedy had this to say about the Michigan colleges and universities Affirmative Action case:

“This case in not about how the debate about racial preferences should be resolved. It is about who may resolve it. There is no authority in the Constitution of the United States or in this court’s precedents for the judiciary to set aside Michigan laws that commit this policy determination to the voters.”

Justice Sonia Sotomayor stated from the bench that the Michigan law puts a burden on minorities that is not experienced by other college applicants.

Sotomayor added this in her dissent:

“The Constitution does not protect racial minorities from political defeat. But neither does it give the majority free rein to erect selective barriers against racial minorities.”

A University of Texas Affirmative Action case from last Jun also addressed racial preferences during the admission process. In that case the US Supreme Court determined that “race-conscious admissions” initiatives can be Constitutional is states desire to enact such a rule. The Affirmative Action decided earlier today concerned whether or not voters could prohibit Affirmative Action programs.

The Michigan ballot initiative was known as Proposal 2 and was a response to Grutter v. Bollinger, according to the New York Times. The case was a 2003 US Supreme Court decision that upheld the process of using race as one of the factors during the law school admissions process in order to “ensure educational diversity.”

How do you feel about the US Supreme Court Affirmative Action ruling for Michigan colleges?

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